City of San Francisco v. Spring Valley Water Works

Citations

• 53 Cal. 608
• 1879 Cal. LEXIS 59

Syllabus

<p>Unconstitutional Legislation—Fixing Water Rates in San Francisco.— The Act of March 1st, 1870, “to establish water rates in the City and County of San Francisco,” and the supplemental Act of April 8rd, 1876, are unconstitutional and void, in so far ns they attempt to provide a mode of fixing rates to be charged by corporations in San Francisco, differing from the mode provided for other corporations by general laws. (The Spring Valley Water Works v. Bryant, 52 Cal. 182, affirmed.)</p> <p>Practice on Appeal—Dictum.—A party who asks the Supreme Court to pass upon a question will not be permitted afterwards to assert that the decision was dictum, even though the question was not necessarily involved.</p>